Harish Tandon, J. - (1.) We would not have taken a painstakingly exercise in deciding the main appeal filed by the insurance company challenging the award dated 19th March, 2016 passed by Motor Accident Claim Tribunal, Asansol in MACC no. 11 of 2014 having launched solely on the ground that the driver of the offending vehicle did not have a valid driving license at the time of occurrence of unfortunate accident to have been settled by the Supreme Court in case of Ravi-Vs-Badrinarayan, 2011 1 TAC 867, but we feel to be responsive when the claimants/ respondents filed cross-objection under Order 41 Rule 22 of the Code of Civil Procedure challenging not only the adverse findings made in the impugned award but also application of wrong principles of law in determining the compensation on several heads. Had not the cross-objection become surfaced at the behest of the claimants/ respondents, the appeal could have been conveniently decided solely relying upon the judgment of the Supreme Court in case of Ravi (supra).
(2.) A succinct prelude to the genesis of the enunciation of law is required to be adumbrated in order to address the points urged before us by the respective counsels which have been either decided or undecided.
(3.) The facts, so unfurled are that the son of the claimant who was aged about 25 years met with an accident on 13th December,2012 at 11:35 P.M while riding his motorcycle and returning from his friends house at Benachiti, Durgapur towards his residence through Asansol-Durgapur road ( NH2) with the ambassador cab ( offending vehicle), who dashed him from behind having driven the offending vehicle rashly and negligently. The victim sustained multiple grievous injuries and was admitted in SD Hospital, Durgapur and succumbed to such injury. The post mortem was performed on 14th December, 2012 and UD case no. 505/12 was registered on the said date. An FIR was formally lodged on 21st December, 2012 by the claimant/ respondent indicating the circumstances in delayed lodging of the FIR. Subsequently the claim petition was filed U/s 166 of the Motor Vehicles Act, 1988 claiming compensation for Rs.20,00,000/- as the victim at the time of his death was in permanent employment with Cognizant Technology Solutions India Pvt. Ltd as programmer analyst.;